Declaration of Rights

SECTION 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.

SECTION 2. (a) Every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of this right. A law may not restrain or abridge liberty of speech or press. (b) A publisher, editor, reporter, or other person connected withor employed upon a newspaper, magazine, or other periodicalpublication, or by a press association or wire service, or any personwho has been so connected or employed, shall not be adjudged incontempt by a judicial, legislative, or administrative body, or anyother body having the power to issue subpoenas, for refusing todisclose the source of any information procured while so connected or employed for publication in a newspaper, magazine or otherperiodical publication, or for refusing to disclose any unpublishedinformation obtained or prepared in gathering, receiving orprocessing of information for communication to the public. Nor shall a radio or television news reporter or other personconnected with or employed by a radio or television station, or anyperson who has been so connected or employed, be so adjudged incontempt for refusing to disclose the source of any informationprocured while so connected or employed for news or news commentary purposes on radio or television, or for refusing to disclose any unpublished information obtained or prepared in gathering, receiving or processing of information for communication to the public. As used in this subdivision, "unpublished information" includesinformation not disseminated to the public by the person from whom disclosure is sought, whether or not related information has been disseminated and includes, but is not limited to, all notes,outtakes, photographs, tapes or other data of whatever sort notitself disseminated to the public through a medium of communication, whether or not published information based upon or related to such material has been disseminated.

SECTION 3. (a) The people have the right to instruct theirrepresentatives, petition government for redress of grievances, andassemble freely to consult for the common good. (b) (1) The people have the right of access to informationconcerning the conduct of the people's business, and, therefore, the meetings of public bodies and the writings of public officials andagencies shall be open to public scrutiny. (2) A statute, court rule, or other authority, including those ineffect on the effective date of this subdivision, shall be broadlyconstrued if it furthers the people's right of access, and narrowlyconstrued if it limits the right of access. A statute, court rule,or other authority adopted after the effective date of thissubdivision that limits the right of access shall be adopted withfindings demonstrating the interest protected by the limitation andthe need for protecting that interest. (3) Nothing in this subdivision supersedes or modifies the rightof privacy guaranteed by Section 1 or affects the construction of anystatute, court rule, or other authority to the extent that itprotects that right to privacy, including any statutory proceduresgoverning discovery or disclosure of information concerning theofficial performance or professional qualifications of a peaceofficer. (4) Nothing in this subdivision supersedes or modifies anyprovision of this Constitution, including the guarantees that aperson may not be deprived of life, liberty, or property without dueprocess of law, or denied equal protection of the laws, as providedin Section 7. (5) This subdivision does not repeal or nullify, expressly or byimplication, any constitutional or statutory exception to the rightof access to public records or meetings of public bodies that is ineffect on the effective date of this subdivision, including, but notlimited to, any statute protecting the confidentiality of lawenforcement and prosecution records. (6) Nothing in this subdivision repeals, nullifies, supersedes, ormodifies protections for the confidentiality of proceedings andrecords of the Legislature, the Members of the Legislature, and itsemployees, committees, and caucuses provided by Section 7 of Article IV, state law, or legislative rules adopted in furtherance of those provisions; nor does it affect the scope of permitted discovery in judicial or administrative proceedings regarding deliberations of the Legislature, the Members of the Legislature, and its employees,committees, and caucuses.

SECTION 4. Free exercise and enjoyment of religion withoutdiscrimination or preference are guaranteed. This liberty ofconscience does not excuse acts that are licentious or inconsistentwith the peace or safety of the State. The Legislature shall make no law respecting an establishment of religion. A person is not incompetent to be a witness or juror because of his or her opinions on religious beliefs.

SECTION 5. The military is subordinate to civil power. A standingarmy may not be maintained in peacetime. Soldiers may not bequartered in any house in wartime except as prescribed by law, or inpeacetime without the owner's consent.

SECTION 7. (a) A person may not be deprived of life, liberty, orproperty without due process of law or denied equal protection of the laws; provided, that nothing contained herein or elsewhere in this Constitution imposes upon the State of California or any publicentity, board, or official any obligations or responsibilities whichexceed those imposed by the Equal Protection Clause of the 14thAmendment to the United States Constitution with respect to the use of pupil school assignment or pupil transportation. In enforcingthis subdivision or any other provision of this Constitution, nocourt of this State may impose upon the State of California or anypublic entity, board, or official any obligation or responsibilitywith respect to the use of pupil school assignment or pupiltransportation, (1) except to remedy a specific violation by suchparty that would also constitute a violation of the Equal ProtectionClause of the 14th Amendment to the United States Constitution, and (2) unless a federal court would be permitted under federaldecisional law to impose that obligation or responsibility upon suchparty to remedy the specific violation of the Equal Protection Clauseof the 14th Amendment of the United States Constitution. Except as may be precluded by the Constitution of the UnitedStates, every existing judgment, decree, writ, or other order of acourt of this State, whenever rendered, which includes provisionsregarding pupil school assignment or pupil transportation, or whichrequires a plan including any such provisions shall, upon applicationto a court having jurisdiction by any interested person, be modifiedto conform to the provisions of this subdivision as amended, asapplied to the facts which exist at the time of such modification. In all actions or proceedings arising under or seeking applicationof the amendments to this subdivision proposed by the Legislature at its 1979-80 Regular Session, all courts, wherein such actions orproceedings are or may hereafter be pending, shall give such actions or proceedings first precedence over all other civil actions therein. Nothing herein shall prohibit the governing board of a schooldistrict from voluntarily continuing or commencing a schoolintegration plan after the effective date of this subdivision asamended. In amending this subdivision, the Legislature and people of theState of California find and declare that this amendment is necessary to serve compelling public interests, including those of making the most effective use of the limited financial resources now and prospectively available to support public education, maximizing the educational opportunities and protecting the health and safety of all public school pupils, enhancing the ability of parents to participate in the educational process, preserving harmony and tranquility in this State and its public schools, preventing the waste of scarce fuel resources, and protecting the environment. (b) A citizen or class of citizens may not be granted privilegesor immunities not granted on the same terms to all citizens.Privileges or immunities granted by the Legislature may be altered or revoked.

SECTION 7.5. Only marriage between a man and a woman is valid or recognized in California.

SECTION 8. A person may not be disqualified from entering or pursuing a business, profession, vocation, or employment because of sex, race, creed, color, or national or ethnic origin.

SECTION 9. A bill of attainder, ex post facto law, or law impairingthe obligation of contracts may not be passed.

SECTION 10. Witnesses may not be unreasonably detained. A person may not be imprisoned in a civil action for debt or tort, or in peacetime for a militia fine.

SECTION 11. Habeas corpus may not be suspended unless required by public safety in cases of rebellion or invasion.

SECTION 12. A person shall be released on bail by sufficient sureties, except for: (a) Capital crimes when the facts are evident or the presumptiongreat; (b) Felony offenses involving acts of violence on another person,or felony sexual assault offenses on another person, when the factsare evident or the presumption great and the court finds based upon clear and convincing evidence that there is a substantial likelihood the person's release would result in great bodily harm to others; or (c) Felony offenses when the facts are evident or the presumptiongreat and the court finds based on clear and convincing evidence that the person has threatened another with great bodily harm and that there is a substantial likelihood that the person would carry out the threat if released. Excessive bail may not be required. In fixing the amount of bail,the court shall take into consideration the seriousness of theoffense charged, the previous criminal record of the defendant, andthe probability of his or her appearing at the trial or hearing ofthe case. A person may be released on his or her own recognizance in the court's discretion.

SECTION 13. The right of the people to be secure in their persons,houses, papers, and effects against unreasonable seizures andsearches may not be violated; and a warrant may not issue except on probable cause, supported by oath or affirmation, particularlydescribing the place to be searched and the persons and things to be seized.

SECTION 14. Felonies shall be prosecuted as provided by law, either by indictment or, after examination and commitment by a magistrate, by information. A person charged with a felony by complaint subscribed under penalty of perjury and on file in a court in the county where the felony is triable shall be taken without unnecessary delay before a magistrate of that court. The magistrate shall immediately give the defendant a copy of the complaint, inform the defendant of the defendant's right to counsel, allow the defendant a reasonable time to send for counsel, and on the defendant's request read the complaint to the defendant. On the defendant's request the magistrate shall require a peace officer to transmit within the county where the court is located a message to counsel named by defendant. A person unable to understand English who is charged with a crimehas a right to an interpreter throughout the proceedings.

SECTION 14.1. If a felony is prosecuted by indictment, there shall be no post indictment preliminary hearing.

SECTION 15. The defendant in a criminal cause has the right to aspeedy public trial, to compel attendance of witnesses in thedefendant's behalf, to have the assistance of counsel for thedefendant's defense, to be personally present with counsel, and to be confronted with the witnesses against the defendant. TheLegislature may provide for the deposition of a witness in thepresence of the defendant and the defendant's counsel.Persons may not twice be put in jeopardy for the same offense, becompelled in a criminal cause to be a witness against themselves, or be deprived of life, liberty, or property without due process of law.

SECTION 16. Trial by jury is an inviolate right and shall be securedto all, but in a civil cause three-fourths of the jury may render averdict. A jury may be waived in a criminal cause by the consent ofboth parties expressed in open court by the defendant and thedefendant's counsel. In a civil cause a jury may be waived by theconsent of the parties expressed as prescribed by statute.In civil causes the jury shall consist of 12 persons or a lessernumber agreed on by the parties in open court. In civil causes other than causes within the appellate jurisdiction of the court of appeal the Legislature may provide that the jury shall consist of eight persons or a lesser number agreed on by the parties in open court.In criminal actions in which a felony is charged, the jury shallconsist of 12 persons. In criminal actions in which a misdemeanor is charged, the jury shall consist of 12 persons or a lesser numberagreed on by the parties in open court.

SECTION 17. Cruel or unusual punishment may not be inflicted orexcessive fines imposed.

SECTION 18. Treason against the State consists only in levying waragainst it, adhering to its enemies, or giving them aid and comfort.A person may not be convicted of treason except on the evidence of two witnesses to the same overt act or by confession in open court.

SECTION 19. (a) Private property may be taken or damaged for a public use and only when just compensation, ascertained by a jury unless waived, has first been paid to, or into court for, the owner. The Legislature may provide for possession by the condemnor following commencement of eminent domain proceedings upon deposit in court and prompt release to the owner of money determined by the court to be the probable amount of just compensation. (b) The State and local governments are prohibited from acquiring by eminent domain an owner-occupied residence for the purpose of conveying it to a private person. (c) Subdivision (b) of this section does not apply when State orlocal government exercises the power of eminent domain for thepurpose of protecting public health and safety; preventing serious,repeated criminal activity; responding to an emergency; or remedying environmental contamination that poses a threat to public health and safety.(d) Subdivision (b) of this section does not apply when State orlocal government exercises the power of eminent domain for thepurpose of acquiring private property for a public work orimprovement.(e) For the purpose of this section: 1. "Conveyance" means a transfer of real property whether by sale, lease, gift, franchise, or otherwise. 2. "Local government" means any city, including a charter city,county, city and county, school district, special district,authority, regional entity, redevelopment agency, or any otherpolitical subdivision within the State. 3. "Owner-occupied residence" means real property that is improved with a single-family residence such as a detached home, condominium, or townhouse and that is the owner or owners' principal place of residence for at least one year prior to the State or local government's initial written offer to purchase the property.Owner-occupied residence also includes a residential dwelling unitattached to or detached from such a single-family residence whichprovides complete independent living facilities for one or morepersons. 4. "Person" means any individual or association, or any businessentity, including, but not limited to, a partnership, corporation, orlimited liability company. 5. "Public work or improvement" means facilities or infrastructurefor the delivery of public services such as education, police, fireprotection, parks, recreation, emergency medical, public health,libraries, flood protection, streets or highways, public transit,railroad, airports and seaports; utility, common carrier or othersimilar projects such as energy-related, communication-related,water-related and wastewater-related facilities or infrastructure;projects identified by a State or local government for recovery fromnatural disasters; and private uses incidental to, or necessary for,the public work or improvement. 6. "State" means the State of California and any of its agenciesor departments.

SECTION 20. Non citizens have the same property rights as citizens.

SECTION 21. Property owned before marriage or acquired during marriage by gift, will, or inheritance is separate property.

SECTION 22. The right to vote or hold office may not be conditioned by a property qualification.

SECTION 23. One or more grand juries shall be drawn and summoned at least once a year in each county.

SECTION 24. Rights guaranteed by this Constitution are not dependent on those guaranteed by the United States Constitution. In criminal cases the rights of a defendant to equal protection ofthe laws, to due process of law, to the assistance of counsel, to bepersonally present with counsel, to a speedy and public trial, tocompel the attendance of witnesses, to confront the witnesses against him or her, to be free from unreasonable searches and seizures, to privacy, to not be compelled to be a witness against himself or herself, to not be placed twice in jeopardy for the same offense, and to not suffer the imposition of cruel or unusual punishment, shall be construed by the courts of this State in a manner consistent with the Constitution of the United States. This Constitution shall not be construed by the courts to afford greater rights to criminal defendants than those afforded by the Constitution of the United States, nor shall it be construed to afford greater rights to minors in juvenile proceedings on criminal causes than those afforded by the Constitution of the United States. This declaration of rights may not be construed to impair or denyothers retained by the people.

Section 25. The people shall have the right to fish upon and fromthe public lands of the State and in the waters thereof, exceptingupon lands set aside for fish hatcheries, and no land owned by theState shall ever be sold or transferred without reserving in thepeople the absolute right to fish thereupon; and no law shall ever be passed making it a crime for the people to enter upon the publiclands within this State for the purpose of fishing in any watercontaining fish that have been planted therein by the State;provided, that the legislature may by statute, provide for the season when and the conditions under which the different species of fish may be taken.

SECTION 26. The provisions of this Constitution are mandatory andprohibitory, unless by express words they are declared to beotherwise.

SECTION 27. All statutes of this State in effect on February 17, 1972, requiring, authorizing, imposing, or relating to the death penalty are in full force and effect, subject to legislative amendment or repeal by statute, initiative, or referendum. The death penalty provided for under those statutes shall not bedeemed to be, or to constitute, the infliction of cruel or unusualpunishments within the meaning of Article 1, Section 6 nor shall such punishment for such offenses be deemed to contravene any other provision of this constitution.

SECTION 28. (a) The People of the State of California find and declare all of the following: (1) Criminal activity has a serious impact on the citizens ofCalifornia. The rights of victims of crime and their families incriminal prosecutions are a subject of grave statewide concern. (2) Victims of crime are entitled to have the criminal justicesystem view criminal acts as serious threats to the safety andwelfare of the people of California. The enactment of comprehensive provisions and laws ensuring a bill of rights for victims of crime, including safeguards in the criminal justice system fully protecting those rights and ensuring that crime victims are treated with respect and dignity, is a matter of high public importance. California's victims of crime are largely dependent upon the proper functioning of government, upon the criminal justice system and upon the expeditious enforcement of the rights of victims of crime described herein, in order to protect the public safety and to secure justice when the public safety has been compromised by criminal activity. (3) The rights of victims pervade the criminal justice system.These rights include personally held and enforceable rights described in paragraphs (1) through (17) of subdivision (b). (4) The rights of victims also include broader shared collectiverights that are held in common with all of the People of the State ofCalifornia and that are enforceable through the enactment of lawsand through good-faith efforts and actions of California's elected,appointed, and publicly employed officials. These rights encompassthe expectation shared with all of the people of California thatpersons who commit felonious acts causing injury to innocent victims will be appropriately and thoroughly investigated, appropriately detained in custody, brought before the courts of California even if arrested outside the State, tried by the courts in a timely manner, sentenced, and sufficiently punished so that the public safety is protected and encouraged as a goal of highest importance. (5) Victims of crime have a collectively shared right to expectthat persons convicted of committing criminal acts are sufficientlypunished in both the manner and the length of the sentences imposed by the courts of the State of California. This right includes the right to expect that the punitive and deterrent effect of custodial sentences imposed by the courts will not be undercut or diminished by the granting of rights and privileges to prisoners that are not required by any provision of the United States Constitution or by the laws of this State to be granted to any person incarcerated in a penal or other custodial facility in this State as a punishment orcorrection for the commission of a crime. (6) Victims of crime are entitled to finality in their criminalcases. Lengthy appeals and other post-judgment proceedings thatchallenge criminal convictions, frequent and difficult parolehearings that threaten to release criminal offenders, and the ongoing threat that the sentences of criminal wrongdoers will be reduced, prolong the suffering of crime victims for many years after the crimes themselves have been perpetrated. This prolonged suffering of crime victims and their families must come to an end. (7) Finally, the People find and declare that the right to publicsafety extends to public and private primary, elementary, juniorhigh, and senior high school, and community college, California State University, University of California, and private college anduniversity campuses, where students and staff have the right to besafe and secure in their persons. (8)(a) To accomplish the goals it is necessary that the laws ofCalifornia relating to the criminal justice process be amended inorder to protect the legitimate rights of victims of crime. (b) In order to preserve and protect a victim's rights to justiceand due process, a victim shall be entitled to the following rights:

(1) To be treated with fairness and respect for his or her privacyand dignity, and to be free from intimidation, harassment, andabuse, throughout the criminal or juvenile justice process. (2) To be reasonably protected from the defendant and personsacting on behalf of the defendant. (3) To have the safety of the victim and the victim's familyconsidered in fixing the amount of bail and release conditions forthe defendant. (4) To prevent the disclosure of confidential information orrecords to the defendant, the defendant's attorney, or any otherperson acting on behalf of the defendant, which could be used tolocate or harass the victim or the victim's family or which discloseconfidential communications made in the course of medical orcounseling treatment, or which are otherwise privileged orconfidential by law. (5) To refuse an interview, deposition, or discovery request bythe defendant, the defendant's attorney, or any other person actingon behalf of the defendant, and to set reasonable conditions on the conduct of any such interview to which the victim consents. (6) To reasonable notice of and to reasonably confer with theprosecuting agency, upon request, regarding, the arrest of thedefendant if known by the prosecutor, the charges filed, thedetermination whether to extradite the defendant, and, upon request, to be notified of and informed before any pretrial disposition of the case. (7) To reasonable notice of all public proceedings, includingdelinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present and of all parole or otherpost-conviction release proceedings, and to be present at all suchproceedings. (8) To be heard, upon request, at any proceeding, including anydelinquency proceeding, involving a post-arrest release decision,plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue. (9) To a speedy trial and a prompt and final conclusion of thecase and any related post-judgment proceedings. (10) To provide information to a probation department officialconducting a pre-sentence investigation concerning the impact of the offense on the victim and the victim's family and any sentencing nrecommendations before the sentencing of the defendant. (11) To receive, upon request, the pre-sentence report whenavailable to the defendant, except for those portions madeconfidential by law. (12) To be informed, upon request, of the conviction, sentence,place and time of incarceration, or other disposition of thedefendant, the scheduled release date of the defendant, and therelease of or the escape by the defendant from custody. (13) To restitution. (A) It is the unequivocal intention of the People of the State ofCalifornia that all persons who suffer losses as a result of criminalactivity shall have the right to seek and secure restitution fromthe persons convicted of the crimes causing the losses they suffer. (B) Restitution shall be ordered from the convicted wrongdoer inevery case, regardless of the sentence or disposition imposed, inwhich a crime victim suffers a loss. (C) All monetary payments, monies, and property collected from any person who has been ordered to make restitution shall be firstapplied to pay the amounts ordered as restitution to the victim. (14) To the prompt return of property when no longer needed asevidence. (15) To be informed of all parole procedures, to participate inthe parole process, to provide information to the parole authority tobe considered before the parole of the offender, and to be notified,upon request, of the parole or other release of the offender. (16) To have the safety of the victim, the victim's family, andthe general public considered before any parole or otherpost-judgment release decision is made. (17) To be informed of the rights enumerated in paragraphs (1)through (16). (c) (1) A victim, the retained attorney of a victim, a lawfulrepresentative of the victim, or the prosecuting attorney uponrequest of the victim, may enforce the rights enumerated insubdivision (b) in any trial or appellate court with jurisdictionover the case as a matter of right. The court shall act promptly onsuch a request. (2) This section does not create any cause of action forcompensation or damages against the State, any political subdivision of the State, any officer, employee, or agent of the State or of any of its political subdivisions, or any officer or employee of the court. (d) The granting of these rights to victims shall not be construedto deny or disparage other rights possessed by victims. The court inits discretion may extend the right to be heard at sentencing to anyperson harmed by the defendant. The parole authority shall extendthe right to be heard at a parole hearing to any person harmed by the offender. (e) As used in this section, a "victim" is a person who suffersdirect or threatened physical, psychological, or financial harm as aresult of the commission or attempted commission of a crime ordelinquent act. The term "victim" also includes the person's spouse,parents, children, siblings, or guardian, and includes a lawfulrepresentative of a crime victim who is deceased, a minor, orphysically or psychologically incapacitated. The term "victim" doesnot include a person in custody for an offense, the accused, or aperson whom the court finds would not act in the best interests of aminor victim. (f) In addition to the enumerated rights provided in subdivision(b) that are personally enforceable by victims as provided insubdivision (c), victims of crime have additional rights that areshared with all of the People of the State of California. Thesecollectively held rights include, but are not limited to, thefollowing: (1) Right to Safe Schools. All students and staff of publicprimary, elementary, junior high, and senior high schools, andcommunity colleges, colleges, and universities have the inalienableright to attend campuses which are safe, secure and peaceful. (2) Right to Truth-in-Evidence. Except as provided by statutehereafter enacted by a two-thirds vote of the membership in eachhouse of the Legislature, relevant evidence shall not be excluded inany criminal proceeding, including pretrial and post convictionmotions and hearings, or in any trial or hearing of a juvenile for acriminal offense, whether heard in juvenile or adult court. Nothingin this section shall affect any existing statutory rule of evidencerelating to privilege or hearsay, or Evidence Code Sections 352, 782or 1103. Nothing in this section shall affect any existing statutoryor constitutional right of the press. (3) Public Safety Bail. A person may be released on bail bysufficient sureties, except for capital crimes when the facts areevident or the presumption great. Excessive bail may not be required.In setting, reducing or denying bail, the judge or magistrate shalltake into consideration the protection of the public, the safety ofthe victim, the seriousness of the offense charged, the previouscriminal record of the defendant, and the probability of his or herappearing at the trial or hearing of the case. Public safety and thesafety of the victim shall be the primary considerations. A person may be released on his or her own recognizance in thecourt's discretion, subject to the same factors considered in settingbail. Before any person arrested for a serious felony may be released on bail, a hearing may be held before the magistrate or judge, and the prosecuting attorney and the victim shall be given notice andreasonable opportunity to be heard on the matter. When a judge or magistrate grants or denies bail or release on aperson's own recognizance, the reasons for that decision shall bestated in the record and included in the court's minutes. (4) Use of Prior Convictions. Any prior felony conviction of anyperson in any criminal proceeding, whether adult or juvenile, shallsubsequently be used without limitation for purposes of impeachment or enhancement of sentence in any criminal proceeding. When a prior felony conviction is an element of any felony offense, it shall be proven to the trier of fact in open court. (5) Truth in Sentencing. Sentences that are individually imposedupon convicted criminal wrongdoers based upon the facts andcircumstances surrounding their cases shall be carried out incompliance with the courts' sentencing orders, and shall not besubstantially diminished by early release policies intended toalleviate overcrowding in custodial facilities. The legislativebranch shall ensure sufficient funding to adequately house inmatesfor the full terms of their sentences, except for statutorilyauthorized credits which reduce those sentences. (6) Reform of the parole process. The current process for parolehearings is excessive, especially in cases in which the defendant has been convicted of murder. The parole hearing process must bereformed for the benefit of crime victims. (g) As used in this article, the term "serious felony" is anycrime defined in subdivision (c) of Section 1192.7 of the Penal Code, or any successor statute.

SECTION 29. In a criminal case, the people of the State of California have the right to due process of law and to a speedy and public trial.

SECTION 30. (a) This Constitution shall not be construed by the courts to prohibit the joining of criminal cases as prescribed by theLegislature or by the people through the initiative process. (b) In order to protect victims and witnesses in criminal cases,hearsay evidence shall be admissible at preliminary hearings, asprescribed by the Legislature or by the people through the initiativeprocess. (c) In order to provide for fair and speedy trials, discovery incriminal cases shall be reciprocal in nature, as prescribed by theLegislature or by the people through the initiative process.

SECTION 31. (a) The State shall not discriminate against, or grantpreferential treatment to, any individual or group on the basis ofrace, sex, color, ethnicity, or national origin in the operation ofpublic employment, public education, or public contracting. (b) This section shall apply only to action taken after thesection's effective date. (c) Nothing in this section shall be interpreted as prohibitingbona fide qualifications based on sex which are reasonably necessary to the normal operation of public employment, public education, or public contracting. (d) Nothing in this section shall be interpreted as invalidatingany court order or consent decree which is in force as of theeffective date of this section. (e) Nothing in this section shall be interpreted as prohibitingaction which must be taken to establish or maintain eligibility forany federal program, where ineligibility would result in a loss offederal funds to the State. (f) For the purposes of this section, "State" shall include, butnot necessarily be limited to, the State itself, any city, county,city and county, public university system, including the Universityof California, community college district, school district, specialdistrict, or any other political subdivision or governmentalinstrumentality of or within the State. (g) The remedies available for violations of this section shall bethe same, regardless of the injured party's race, sex, color,ethnicity, or national origin, as are otherwise available forviolations of then-existing California anti discrimination law. (h) This section shall be self-executing. If any part or parts ofthis section are found to be in conflict with federal law or theUnited States Constitution, the section shall be implemented to themaximum extent that federal law and the United States Constitution permit. Any provision held invalid shall be sever able from the remaining portions of this section.

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